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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
This book explores the transnational legal infrastructure for
dispute resolution in transnational securities transactions. It
discusses the role of law and dispute resolution in securities
transactions, the types of disputes arising from them, and the
institutional and legal aspects of dispute resolution, both
generally and regarding aggregate litigation. It illustrates
different dispute resolution systems and aggregate litigation
methods, and examines the legal issues of dispute resolution
arising from transnational securities transactions. In addition,
the book proposes two systems of dispute resolution for
transnational securities transactions depending on the type of
dispute: collective redress through arbitration and a network of
alternative dispute resolution systems.
You want to be a mediator, but how do you get started? How do you
build your business? How do you make money from being a full-time
mediator? Setting Up in Business as a Mediator provides you with
the answers to these questions. Whether new to mediation and
wanting to start a business as a full-time mediator, or an
experienced mediator wanting to develop and grow an existing
business, Setting Up in Business as a Mediator has hands-on advice
for every stage of a mediator's career and is full of essential
information on how mediators can get started in business and grow
their existing practice. Restructured, revised and fully updated
the new 2nd edition shows: - How to become accredited - How to find
a market - The secrets of a good profile - Hints for great blogging
- How to set up a website - The best times to tweet - What not to
post on LinkedIn and Facebook - How to overcome objections and
rejection Packed with helpful tips and guidance, checklists,
self-audits, templates, scripts and real life examples, this book
aims to get mediators thinking, prompting answers to the following
questions, and more: - Why are they doing mediation? - How many
mediations a year do they want to be doing in three years' time? -
How much money, time and effort do they need to invest to get
there? - What do they need to charge? - Why would they choose
themselves as a mediator?
In Jamaica, the Caribbean and internationally, the process of
arbitration as an alternative to court action in settling disputes
is no longer the subject of an esoteric debate, but increasingly is
becoming a standard requirement in both government and
private-sector contracts. In the process of numerous and varied
activities in this field, a great deal of experience and knowledge
has been acquired by the author. Over the years, many of his
colleagues, mainly in the legal profession, have suggested that if
not recorded, this knowledge will be lost. It is in response to
those requests that this book has been written. The volume is
annotated with practical solutions, not often found in most
textbooks on this subject, to frequently asked questions of the
author over the years concerning general practice and management of
the process of arbitrations.
This book examines how regulatory and liability mechanisms have
impacted upon product safety decisions in the pharmaceutical and
medical devices sectors in Europe, the USA and beyond since the
1950s. Thirty-five case studies illustrate the interplay between
the regulatory regimes and litigation. Observations from medical
practice have been the overwhelming means of identifying
post-marketing safety issues. Drug and device safety decisions have
increasingly been taken by public regulators and companies within
the framework of the comprehensive regulatory structure that has
developed since the 1960s. In general, product liability cases have
not identified or defined safety issues, and function merely as
compensation mechanisms. This is unsurprising as the thresholds for
these two systems differ considerably; regulatory action can be
triggered by the possibility that a product might be harmful,
whereas establishing liability in litigation requires proving that
the product was actually harmful. As litigation normally post-dates
regulatory implementation, the 'private enforcement' of public law
has generally not occurred in these sectors. This has profound
implications for the design of sectoral regulatory and liability
regimes, including associated features such as extended liability
law, class actions and contingency fees. This book forms a major
contribution to the academic debate on the comparative utility of
regulatory and liability systems, on public versus private
enforcement, and on mechanisms of behaviour control.
What do I do now? Every mediator asks themselves this. Answering 50
common ethical, practical and technical problems that arise at
mediations, with key practice points highlighted in Q&A format.
Topics include: Impartiality: You arrive at the mediation and
suddenly realise that you know one of parties. What do you do?
Joint Opening Sessions: One side wants one the other doesn't. What
do you do? Bad behaviour: One party is secretly recording the
mediation. What do you do? Offers: Neither side will make an offer.
They both say they want to hear from the other side first. What do
you do? Stages covered: Pre-mediation At the mediation The End of
the Mediation and After Each entry includes: The core issues behind
the question Case studies of authentic, anonymized, true-life
examples The ethical, legal, procedural and commercial issues
highlighted and explained in straightforward language Advice on
your options: proven tips for immediate use Checklists, sample
emails, scripts and templates. Cross-references to cases,
protocols, codes of conduct.
Don't know your BATNA from your WATNA from your ZOPA? Think PATNA
is a type of rice? Not sure what Cellar Blindness is? Or what
FDRs/DI Ps/ LIPs are? Mediation: An A-Z Guide tells you, distilling
practical information, informed comment and useful advice and tips.
Over 500 entries provide curated information on practical mediation
topics guiding you through the thicket of mediation jargon.
Mediation: An A-Z Guide ensures you have no need to feel nervous
about mediation because you: will understand what is being said
will have the knowledge and confidence to use the buzz words
Whether you are a mediator, a representative, a client, a lawyer or
a nonlawyer you will find what you are looking for. Portable and
practical and with an easy-to-read, punchy style and user-friendly
format this is more than just a dictionary. Entries follow the same
pattern: Topic Heading Definition Comment In practice - bullet
points nail the everyday application of the topic See also - for
internal cross references Follow up - for further sources
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